Bayer challenges thousands of cancer lawsuits over Roundup in Supreme Court

On April 4, 2025, Bayer, through its subsidiary Monsanto, submitted a petition for a writ of certiorari to the U.S. Supreme Court concerning the Durnell case. This request came after the Missouri Supreme Court's recent decision opened a path for the high court's review. Bayer argues that a divide among federal circuit courts on the issue of whether federal law preempts state failure-to-warn claims necessitates U.S. Supreme Court intervention. The outcome of this case is critical, as it has implications for tens of thousands of pending Roundup cases that hinge on similar state-based claims. Bayer emphasizes that existing lawsuits represent a conflict with federal law, specifically citing the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Bayer claims that potential jury verdicts could impose labeling requirements that differ from those mandated by the Environmental Protection Agency (EPA). The contention arises primarily from Missouri’s claim that there should be cancer warnings on Roundup products, which contradicts the EPA’s approval and scientific evaluations. Thus, Bayer asserts that the state law requirement is preemptively overruled by federal standards, complicating the current legal landscape. As Bayer navigates through these challenges, it is also pursuing legislation in several states designed to limit lawsuits related to Roundup. Recently, Georgia passed law that would deem federally approved pesticide labels adequate for meeting state warning obligations. However, opposition remains strong, as environmental justice groups criticize such measures for hindering public safety and accountability. Similar initiatives are underway in Tennessee and North Dakota but face political hurdles, particularly among Republican lawmakers in Iowa. Bayer disputes the cancer allegations and has set aside $16 billion for settlements but warns that continued litigation pressures may jeopardize the availability of glyphosate, a key ingredient in Roundup. As a major agriculture player, Bayer insists that clarity in legal standards is essential for the agricultural industry’s operation and stability, underscoring the company's focus on innovative agricultural products. The Supreme Court's eventual ruling could redefine the legal parameters for both Roundup and future agrochemical products in the U.S.